KS v R [2024] NSWCCA 147

KS v R [2024] NSWCCA 147

Manifest excess in an indicative sentence, absent patent error and where no challenge is made that the aggregate sentence is itself manifestly excessive, does not entitle appellate intervention. The indicative sentence for grievous bodily harm was not manifestly excessive in the circumstances.

Jurisdiction
Australia
Judgment Date
07 August 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed; leave to appeal granted
Legal Topics
['appeal Against Sentence' 'manifest Excess' 'aggregate Sentence' 'indicative Sentence' 'children (criminal Proceedings) Act']
['criminal Law'] ['appeal Against Sentence' 'manifest Excess' 'aggregate Sentence' 'indicative Sentence' 'children (criminal Proceedings) Act']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether manifest excess in an indicative sentence (for causing grievous bodily harm with intent) in the absence of an allegation that the aggregate sentence is manifestly excessive justifies setting aside the aggregate sentence and re-exercising the sentencing discretion' 'Whether the indicative sentence for grievous bodily harm was manifestly excessive']

Ratio Decidendi

Manifest excess in an indicative sentence, absent patent error and where no challenge is made that the aggregate sentence is itself manifestly excessive, does not entitle appellate intervention. The indicative sentence for grievous bodily harm was not manifestly excessive in the circumstances.

Court Disposition

Appeal dismissed; leave to appeal granted

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']